Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1887-03-25
APPLICATION FOR PATENT.

APPLICATION FOR PATENT.
Where papers have once been filed with the
Register and receiver they become o part OF
returned, but must be transmitted to the Gen
ersl Land Once.
An application will be rejected when the
scription OF the premises is erroneous or
sufficient.
Application for patent will be rejected be-
cause:
First The notice was published without the
knowledge of the Register.
Second-Ihe notice was not published In &
new paper designated as published nearestth
claim.
Third-Record title was found defective,
and
Fourth--A previous application had been
made Tor the same premises, which was with
drawn pending o suit in Court commenced by
the adverse claimant.
An application for patent will be rejected
when the survey does not accurately define the
boundaries OF the claim.
Where the claim was not located In accord.
ance with law.
Where several parties own separate and dis.
tlnct portions of Q claim, application for
patent may be made by either for tna portion
Of the claim owned by him.; but where soTeral
parties own undivided interests ia : mining
claim all should join in an application for q
patent.
A person or association may purchase as
many placer locations as the local law admits,
and embrace them all In one application for 8
patent.
Two or more lodes cannot be embraced IN
one application for q patent except for placer
claims embracing two or more lodes within
their boundaries
Papers sworn to before any person purport-
ing to act ss q deputy for the Register and Re-
ceiver cannot be recorded rs evidence.
In all patents for mining claims situated
within the interior boundaries OF a town site
o clause Is in erted excepting and excluding
all town property, rights upon the surface,
and all houses, buildings, structures. lots,
blocks, streets, alleys or other municipal Inn
provements not belonging to the grantee here
In, and ell rights necessary or proper TO the
occupation, possession and enjoyment OF the
ssme."
Publication of notice must be made a only
one newspaper fos the period Of 60 days.
Notice must be published 10 consecutive
weeks in weekly newspapers, and in daily
newspapers 60 days must eispss between the
fret and last insertions.
Where the Register designates the d aily issue
Of q newspaper for publication Of notices of O
mining application for patent 1t is not q COM
pliance with law to change TO the weekly edi-
ton of the same paper without authority Of
the Register.
The existence of o salt spring on q tract OF
land withdraws 1t from the operation Of the
homestead and presumption laws. A hearing
for the purpose OF proving the agricultural
VI cuNh Ablu ~ " olHOWbus LHuQ
containing valuable deposits OF slate may be
entered under the mining Acts.
ADVERSE CLAIMS.
Adverse lsimsnts must file . separate and
distinct claim against each application which
1t 10 alleged conflicts with the premises owned
by such adverse claimant.
The papers in an adverse claim, once filed
cannot be Withdrawn, but becomes q part of the
record.
When an ndverse clain, haa haa, Ala a. c.n
not be amended SO as to embrace 8 larger por.
ton OF the premises than that described In the
original adverse clsim.
An adverse claim must be made out In
proper form and hled In the proper local OH ce
during the period OF publication OF the sppli-
cation for the patent TO be effective.
1t is the duty of the adverse claimant o
suit in proper form within the re-
quired slime. and If he trusts the uncertain
medium OF the United States mail he must
abide the consequences should the delay
ensue, through misfortune or accident. Should
the failure to commence suit be the result OF
the cor supt or dishonest action Of his attorney,
the Interior Department cannot redress the
wrong.
An adverse claimant should set forth In de.
tail the facts upon which he bases HIS adverse
claim. A statement In general terms, embody-
ing conclusions OF law, without stating the
facts specially, Will not be considered In evil
dence.
An adverse claimant should show q compli.
ance with the local laws IN recording his claim
and in regard to expenditures. and shall hls 3
copy of the original notice Of his location, and
show the nature or extent Of the conflict
alleged.
An allegation Of parties TO q suit that they
compose the company 10 sufficient. and they
are not required to prove that they are the
original ~locxtors or the Identical parties who
present the adverse claim.
AGRICULTURAL on MINERAL LANDS.
Where land is of little. If any value, for sgri.
cultural purposes, but 10 essential to the
proper development OF mining claims, Il
should be disposed Of under the Mining Act,
Whert lands containing valuable mineral
deposits have been included in an Agricultural
entry. said entry will be cancelled at any time
prior to issuance Of patent. upon satisfactory
evidence OF the existence of such valuable de.
posits.
Where valuable deposits of mineral are dts.
covered upon 9 tract sitter the same ias been
en- tered as agricultural, but before I dent has
been issued, the parties claiming the mine
may make application for patent for same,
and the agricultural entry will be cancelled 10
that portion of the land embraced by s.id
mining claim.
Where mineral deposits are discovered on
agricultural lands after the patent has been
issued to an AGRICULTURAL claimant, they pass
with the patent. -
Agricultural College scrip cannot be
ceived in payment for claims.
ALIENS.
A foreigner may make a mining location
dispose OF 1t. provided he becomes a citizen
before disposing OF the mine. Proof that the
party was not q citizen before disposlng Of his
claim must be afirmatively shown.
Locators and intermediate owners. other
than applicants. will not be presumed aliens.
In the absence Of allegation or objection prior
to issuance of patent. ~
The portion OF q mining claim sold 20 an
alien cannot be patented while suoh owner Ia
an alien; but on his deciarstonI 0 become a
citizen his right dates back to his purchsse.
oud ne may thereupon secure United states
patent for his claim.
GROSS LEDaKs,
Revised Statutes. Section ASA.
wnere TWO or more lodges cross or intersect
each other. priority Of title shall govern. ana
sucn prior location shall be entitled 10 ali ore
or mineral cont ined within the space of inter.
section, but the subsequent location shali have
the fignt OF way through the space of inter
section ior the purpose OF the convenient
worhine OF tne mine. And where two or more
veins unite the olde.t or prior location shall
tske the vein below the point Of union. in.
ciuoing ali tne space Of intersection.
TUNNELS.
Tnere is no authority OF law for a tunnel